Property Control / Move Out Orders

Clients are often worried about what will happen in the event they seek a restraining order against their spouse or significant other. In the past decade, California’s legislature has moved to ensure that not only can orders be obtained requiring the abusive spouse to move out of the family home, but additional orders concerning property control can also be made: use and possession of a vehicle is one commonly made order, for example.

California Law and Domestic Violence

A protected party often needs reliable transportation to and from work, schools, and daycare facilities. The custody and control of the family pets is often granted in the initial restraining order, as well. the right to the individual’s cell phone number. The rationale behind this is that if someone will abuse his/her spouse, intimate partner, or child, that person might well pose a danger to the family pet once the human victims are safely out of the situation. Now, your pets can be protected as well.

Another order we regularly obtain for our client is to require the cell phone company to carve the abused party’s number out of the “family plan” and ensure that number goes exclusively to the abused party. This is a particularly important addition to the orders a court can make pursuant to a finding of domestic abuse; it is vitally important that the abusive party no longer be able to access the victim’s cell phone information: their contacts, calls made, and particularly their whereabouts at any point in time need to be utterly unavailable to the restrained party.

If you believe you need a restraining order, or find yourself defending against one, call someone who knows the length and breadth of domestic abuse law in California. Our family law lawyers at Hartley Lamas Et Al are extensively educated and experienced domestic violence attorneys.